After the trial and acquittal of Jian Ghomeshi much has been written and spoken regarding his lawyer Marie Henein and her work with another famous client, former Ontario Attorney General, Michael Bryant. In both cases the media attributed Henein’s success to her ability to find exculpatory evidence supporting her clients. The question that has not been addressed is why did Ghomeshi’s case go to trial but not Bryant’s? Why did Henein reveal her entire defence to the Crown in Bryant’s case, in order to avoid a trial but not in Ghomeshi’s case?

The simple answer would be that Henein felt the evidence, against Jian Ghomeshi (including the exculpatory evidence she had uncovered) was stronger than the evidence against Michael Bryant. The Crown in Ghomeshi’s case went to trial because they believed they had a reasonable prospect of conviction. The Crown in Bryant’s case, represented by special prosecutor Richard Peck and his Ontario agent Mark Sandler determined that there was no reasonable prospect of conviction.

Both defendants had the same lawyer, so let’s compare the strength of the evidence in each case.

In recalling the advice of Lord Mansfield (See Part I) Prof. Sen does not argue against giving reasons for official decisions; his book is an extended argument for full disclosure in the public interest and in the cause of justice.

“The avoidance of reasoned justification often comes not from indignant protesters but from placid guardians of order and justice. Reticence has appealed throughout history to those with a governing role, endowed with public authority, who are unsure of their grounds for action, or unwilling to scrutinize the basis of their policies.” [Emphasis added.]

On August 31, 2009, former Ontario Attorney General, Michael Bryant was involved in a road rage attack that killed cyclist Darcy Allan Sheppard. Bryant was arrested that evening but he did not make a statement to police. He would not make a statement until almost eight months later when he and his lawyers received complete and full disclosure of the Crown’s case. Bryant did however make a 911 call to police. After he successfully knocked Darcy Allan Sheppard off his car with a fire hydrant, Bryant fled to the Hyatt Hotel on Avenue Road just north of Bloor. It became the staging area for his defence.

Bryant described his actions in his book, “28 Seconds”

“So I turned right on Avenue Road and drove into the hotel’s circular driveway and found, I thought, sanctuary. I stopped the car and pulled up the emergency brake-for what would be the final time. I couldn’t find my cell phone. Susan offered hers.”

In a video interview with the Toronto Star, he said: “And so I pulled over and called 911. It was… police need to come and protect us.”

In his CBC interview with Amanda Lang he said: “So I drove in and called 911 and ah said, help, bring police..”

His lawyer, Marie Henein wrote in her article, “Split Seconds Matter,” “He drove to safety just around the corner to a hotel and called 911.”

What’s missing from all of these descriptions is that when Michael Bryant drove to the Hyatt Hotel, in what he described as a state of fear, he did not call 911 right away. He waited three minutes!

The Ontario Criminal Lawyers Association (CLA) presents the G. Arthur Martin Criminal Justice Medal annually. Past recipients include famed defence attorneys such as John Robinette, Eddie Greenspan (Marie Henein’s mentor) and James Lockyer who founded the Association in Defence of the Wrongly Convicted.

In his book “28 Seconds”, Michael Bryant wrote about the closeness of the Toronto criminal defence bar. He said:

“But I learned something about the criminal defence bar in Toronto. They stick together and work together to help each other, even if they’re not retained on the case. This doesn’t apply to every lawyer, but amongst those who reciprocate, there is a small group of colleagues who advance the interests of the accused, at large.”

On August 31,2009, former Ontario Attorney General, Michael Bryant killed Toronto bike messenger Darcy Allan Sheppard in a violent act of road rage. The killing was caught on video and witnessed by many people some of whom were standing a few feet from Bryant’s car.

After reviewing video and speaking with witnesses, Toronto police charged Bryant with with criminal negligence causing death and dangerous operation of a motor vehicle causing death. Bryant responded by hiring PR firm Navigator and famed defence attorney Marie Henein. (Readers may remember these names as both were also hired by CBC personality and accused sexual predator, Jian Ghomeshi). Bryant claimed that his defence cost him $300,000.

Henein would later reveal that the pressure to acquit Bryant was overwhelming:

“I couldn’t get away from the legal community’s oft-expressed sentiment. The truth is that Michael Bryant was well-loved by the legal community. Many identified with him, many knew him personally, and many were utterly grief-stricken over his situation. The pressure to get the right result was, to be honest, overwhelming at times.”

Despite this pressure, Bryant’s former associates turned to that same legal community to find special prosecutors. Two criminal defence attorneys were brought in to prosecute the case, special prosecutor Richard Peck and his agent, Toronto criminal defence attorney Mark Sandler. After consultations with Bryant’s attorney, the prosecutors eventually dropped all charges during a court presentation that only presented evidence supporting Bryant and ignored all evidence that pointed to his guilt.

Toronto filmmakers are working to produce a documentary that will present ALL of the available evidence to the public including damning eyewitness testimony that was kept from the public.

Please help fund the documentary to bring the missing evidence into the public realm.

BY ALLAN SHEPPARD JANUARY 17, 2018 FROM NOW MAGAZINE What was the Canadian Civil Liberties Association (CCLA) thinking when it chose Michael Bryant as its new executive director and general counsel? There was no formal statement issued by CCLA on the appointment, only a tweet January 11 stating that the organization is “thrilled” to have […]

IMBALANCE IN THE COURT ROOM (PART 3) The following is the first case in a series where we examine several of Richard Peck’s cases where he acted on behalf of the government as a special prosecutor. The analysis will demonstrate at the very least a perception that Peck may have a pro-accused viewpoint that may […]

IMBALANCE IN THE COURT ROOM (PART 2) After police charged former Ontario Attorney General Michael Bryant with criminal negligence causing death and dangerous operation of a motor vehicle causing death in relation to the death of cyclist Darcy Allan Sheppard, the Ministry of the Attorney General appointed BC criminal defence lawyer, and perennial independent […]

Michael Bryant’s killing of Darcy Allan Sheppard All of the tweets from this twitter essay are in this thread from the first tweet How Michael Bryant killed Darcy Allan Sheppard & the justice system was manipulated to set him free in less than 130 tweets #biketo #topoli — Mess Media (@MessengerMedia) September 29, 2016 […]

CALL FOR EXPERT ANALYSIS REPORTS TO BE RELEASED When special prosecutor Richard Peck withdrew all charges against former Ontario Attorney General, Michael Bryant resulting from Bryant’s killing of Darcy Allan Sheppard, he failed to warn the court and the public about the credibility and bias of the prime video expert in the case. Peck based […]

“Two-tier justice means that those who can afford a legal dream team can buy their way out of jail” – Michael Bryant After police charged former Attorney General Michael Bryant with criminal negligence causing death and dangerous operation of a motor vehicle causing death in relation to the death of cyclist Darcy Allan […]

On this date six years ago Special Prosecutor and experienced defence attorney, Richard Peck withdrew charges against former Attorney General Michael Bryant in the death of Darcy Allan Sheppard. Bryant was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death. Bryant’s actions were captured on surveillance vi […]

After the trial and acquittal of Jian Ghomeshi much has been written and spoken regarding his lawyer Marie Henein and her work with another famous client, former Ontario Attorney General, Michael Bryant. In both cases the media attributed Henein’s success to her ability to find exculpatory evidence supporting her clients. The question that has not been add […]

III Reasonable doubt? Or unreasonable certainty? As usual for me, this post is long—extra-long in this case because I have included extensive notes with almost twice as many words as the main tex… Source: Witness against the prosecution—Part III

Originally posted on 28 Questions: II – Enlightened justice at the end of the tunnel? Or darkness? In recalling the advice of Lord Mansfield (See Part I) Prof. Sen does not argue against giving reasons for official decisions; his book is an extended argument for full disclosure in the public interest and in the cause of justice. He…